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The Rights – Restored, Unlawful Administrative Act – Abolished

A.A. that applied to Yerevan AAC informed that on 26.02.2010 he had imported from Georgia on “temporary import” customs tariff a vehicle “Lincoln Aviator”, which prior to custom clearance was damaged and now is in the penalty area of the Road Police and currentlyis broken.
On 14.05.2010, after checking the documents of the vehicle, the representatives of the Department of Struggle against Smuggling and Double Customs Control, revealed that the model of the care was changed in Bagratashen Customs House and instead of “Lincoln Aviator” it was indicated as “Chrysler”. On 26.02.2010 the beneficiary had imported from Georgia into the RA a vehicle “Lincoln Aviator”, he used the service of the agent to fill in the declaration, and the latter indicated the model of the car as “Chrysler” instead of “Lincoln Aviator”. The applicant had provided to the official of the customs house the technical passport of the vehicle “Lincoln Aviator”, which was not checked by the officer and the officer accepted the filled in declaration. The applicant learnt about the mistake in declaration only after the check up of the declaration by the customs officers.
According to the 23.07.2010 decision on assigning administrative fine of the Head of the Investigation Department of the RA State Revenue Committee, the beneficiary was recognized as offender under Article 203 of the Customs Code of the RA and was fined for the wrong declaration of the vehicle “Lincoln Aviator” for the sum equivalent to the customs cost of the car – 5.558.193 AMD.
A.A. applied to Yerevan AAC with request to protect his rights. Consideration of the case was passed to Mr. Gegham Ayvazyan, advocate of the project. The latter introduced a statement of claim to the RA Administrative Court with request to recognize invalid the 23.07.2010 decision on assigning administrative fine of the Head of the Investigation Department of the RA State Revenue Committee.
Simultaneously, AAC realized protection of A.A.’s rights and interests in the scope of investigation of the RA Administrative Court, based on the above mentioned act of the RA State Revenue Committee requiring exaction of penalty.
On 13.07.2011 the RA Administrative Court considered both, the administrative case “A.A versus the RA State Revenue Committee” and the claim with request to recognize invalid the 23.07.2010 decision on assigning administrative fine of the Head of the Investigation Department of the RA State Revenue Committee and to recognize invalid the act requiring exaction of penalty  in one joint proceeding.
The Court decided to meet the claim requesting to recognize invalid the 23.07.2010 decision on assigning administrative fine of the Head of the Investigation Department of the RA State Revenue Committee.
The Court also ruled to recognize invalid the 23.07.2010 decision on assigning administrative fine of the Head of the Investigation Department of the RA State Revenue Committee.
The claim of the RA State Revenue Committee versus A.A. with request of exaction of penalty was denied.
The above mentioned decision has come into force.
Thus the infringed rights of Yerevan AAC’s beneficiary are restored and the obligations laid upon him through the unrightfully administrative act are eliminated.

The success story is borrowed from www.shpak.am.

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